WRC Finds Employer Used Redundancy as “Cloak” to Exit Senior Employee in Ireland
In Mark Langham v JMK Group (ADJ-00047192) the Workplace Relations Commission (“WRC”) awarded €125,000 in compensation under the Unfair Dismissals Acts 1977-2015 (the “Acts”) after finding that the Complainant was unfairly dismissed under the “cloak” of redundancy.
Proposed Changes under the General Scheme of the Equality (Miscellaneous Provisions) Bill 2024
In 2021, the Minister for Children, Equality, Disability, Integration and Youth announced a comprehensive review of the equality legislation with a view to the promotion of equality and the elimination of discrimination.
WRC Deems Contractor to be an Employee Despite A Contract Existing Between Two Limited Companies
In Paul Lingard v Randridge International Ltd (In Examinership) (ADJ-00053934), the Workplace Relations Commission (“WRC”) found that a contractor satisfied the test for an employee set out by the Supreme Court in Revenue Commissioners v Karshan Midlands (Ltd t/a Domino’s Pizza) [2023] IESC 24. Although the contractual relationship was between two limited companies, the WRC …
Government Publishes New Bill on Contractual Retirement Ages
The Government has published the new Employment (Contractual Retirement Ages) Bill 2025 (hereinafter referred to as the “Bill”). This Bill is still making its way through Dail Eireann and is yet to be enacted, however it is prudent for employers to familiarise themselves with the proposed changes.
WRC Awards Two Years’ Compensation to Employee Who Was Dismissed Without Cause
In the recent decision of Maria Inmaculada De La Torre Ruiz v Hamilton UK Services Limited (ADJ-00049851), the Workplace Relations Commission (“WRC”) found that the dismissal of the Complainant without cause was unfair. She was awarded maximum compensation in the amount of €145,122, equivalent to two years’ remuneration.
High Court overturns Labour Court Decision in High Profile Debenhams Case
Background: In Debenhams Retail Ireland Limited (In Liquidation) v Jane Crowe [2025] IEHC 141, Barr J. reversed a decision of the Labour Court which found that Debenhams Retail Ireland (“the Appellant”) owed their former employee, Jane Crowe, (“the Respondent”) €1,140 for a breach of its obligations under section 9 the Protection of Employment Act, 1977 …
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WRC Find it is Not Unlawful for Employer to Enforce Mandatory Retirement Age, Despite Shortcomings in Following Code of Practice
Eugene McEnery v Partners in Logistics Ltd (ADJ-00052442) concerned an employee who alleged he was subjected to discriminatory treatment by his employer on the grounds of his age, when he was forced to retire six months after reaching the age of 65. This case was brought before the Workplace Relations Commission (“WRC”) under the Employment …
HSE found not to be Data Controller of Non- Work Related Personal Data of Employee
Background: In the recent case of Eamon McShane v Data Protection Commission [2015] IEHC 19, the High Court upheld a decision of the Data Protection Commissioner (“DPC”) which dismissed a complaint by Mr. McShane (the “Applicant”) on the basis of a finding that the HSE was not the “data controller” in respect of non-work related …
Force Majeure vs Hardship under Ukrainian Law
In today’s unpredictable world, businesses often face circumstances that disrupt contractual performance. Whether it’s war, sanctions, pandemic, or skyrocketing costs, many turn to legal safety nets such as force majeure and hardship to mitigate the consequences. Yet, in Ukraine, commercial actors often conflate the two doctrines, leading to uncertainty and practical difficulties in their application. …
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MOEL Issues Revised Labor-Management Guidance on Ordinary Wage in Response to Supreme Court’s En Banc Decisions
On February 6, 2025, the Ministry of Employment and Labor (the “MOEL”) released an updated labor-management guidance on ordinary wage (the “Guidance”) in response to the recent Supreme Court en banc decisions overruling its previous position on ordinary wage. The Guidance aims to clarify the newly established legal principle on ordinary wage and mitigate potential disputes and …